The New York Herald Newspaper, February 7, 1874, Page 11

=e THE COURTS. The Brazilian Navigation Company and Its Affairs in Court. AN IMPORTANT CASE. Edwin Booth in Bankruptcy—A Much-Needed Reform in Order of Arrest Cases—A Railroad City Company Sued for the Killing of a Wife—Manslaughter Case in the Oyer and Terminer—Trials ara Convictions in Genera! Sessions. In the United states District Court yesterday the case of the government vs, two lots of ground, Nos. 23 and 24 Abbattoir place, near Thirty-ninth Btreet, Was tried before Judge Blatchford and a jury. It was sought to condemn the lots on the ground that fliicit distillation nad been carried on there. It was not proved that the trustee of the property, Mr. Nicholl, or the agent, was aware Of such distillation, and, by difection of thé Court, there was a verdict Jor the claimant. Owing to the great multiplicity of motions wait- ing to be beard in Supreme Uourt, Chambers, Judge Donohue relieved Judge Barrett yesterday, who is holding Chambers this month, by also hold- ing Chambers. Both sat till a late hour, and very nearly cleared the day’s calendar. One necessity of holding the two Courts has been the prolonged argument, before Judge Barrett, in the old Adams Express Company litigation, which has been so frequently beture the Courts heretofore that there is nothing possibly new to be said about it. The aMidavits, complaint and order of Judge Barrett, of the Supreme Court, in the case of John Kelly and other Tammany Sachems vs. Police Commissioner Charlick, were yesterday served ‘upon the latter pursuant to Judge Barrett's order. \As the examination is set down tor next Wednes- day this gives but a short time Jor preparation to ‘eet the charges. THE BRAZILIAN NAVIGATION COM- PANY. A Bill in Equity=How the Company Chartered Vessela and Disposed of Their Dividends—An Important Case, There has just been filed in the United States Circutt Court for this district an important bill in equity in reference tu the affairs of the Brazilian Navigation Company, Alexander de Castro, an alien and a subject of Great Britain; Iman- uel Ubelhart Lengruber, and José d’Almeida Soares de Lima Bastos, severally aliens and sub- Jects of the Emperor of Brazil, on their own behalf and on behali of all others similarly interested, bring this their bill agaist William R. Garrison, Haniel B. Allen, Cornelius K. Garrison, James M. Motley and Mortimer Ward, all citizens o1 the United States and residents and citizens of the State or New York, and John M. Carrere, a citizen ‘of the United States and resident of this district. The bili states that about the 3ist of May, 1870, the Emperor of Brazil, through his then Post- master General, entered into a contract in writing ‘with the defendants, William R. Garrison and John M, Carrere, ‘The contract stated that the steamers destined for the service of this line shall be entirely new, constructed with all the modern improvements as ultimately adopted by packets of the first class; with all ventilated accommodations for 100 first class cabin passengers and spice suticient, under cover, ior 400 deck passengers; with capacity to receive irom 400 to 600 tous Of cargo, v1 1,200 English tons measurement, and witn a rate of speed not less than eleven miies per hour. ‘hese conditions shall be approved by a Commissioner nominated by the imperial government be.ore the steamers are accepted. The service shall com- mence within twelve months alter the signing of a decree which approves tais contract, except in case 0! Inevitable accident; or belore such time, if the company shall be prepared, and in such case ‘Bhall give the government three monchs’ intorma- tion previous to their bemg so prepared. There were to be two voyages each month irom Rio Janeiro to Para, both going and returning, touching at the capitals of Bala, Maceio, Peruam- buco, Parahyba, 110 Grande do Norte, Ceara e Marannao. The steamers shall be exempt from being obuged to enter the ports o1 Parahyba aud Rio Grande do Norte whenever the water is not sufficient .or the measurement and draught of such @ steamer. The Company was to have its seat or principal Place 0. business in Rio Janeiro, where ail ques- tions between it aud-tne government or it and Private ind:viduais were to be decided, The contract was to remam in, iorce for five years, counting Jrom the day of cortmencing ser- Vice or navigation. 1t 18, however, stipilated that the contract may remain in torce for five years longer u the imperial government does not notify the company at least sixty days previous to the ending 01 the trst term that the contract will be terminated at the expiration 0: the first five years. On the 7th of June, 1870, the contract was ap- roved and ratified by a decree of the Kmperor of razil. Alter the execution of the contract, and alter the decree, the de.endants, as alleged in the ‘bill, conspired together to defraud sucn persons as they might therea.ter induce to become associated with tuem in the execution Oo! the contract, as im point of tact they did therea.ter induce the orators 8c to become associated with them, and sor that Pes and as the mitial step therein, caused to ye prepared, publisned and circulated, written articles of association of the Brazilian Navigation Company. According to these articles the head ‘oftice of the company was to be in the city of New York, but the seat of the enterprise ‘was to he in Rio Janeiro. The capital o1 the company was fixed at $2,000,000 in United States currency, divided into 20,000 shares of $100 each. ‘The administration of the company during the first two years was to be thus composed :—Directors— ‘Wiliam R. Garrison, O, K. Garrison, D. B. Alien, James M. Motiey and Mortimer Ward; President, Wiliam K. Garr.gon; Secretary and Treasurer, Mortimer Ward; Managing Director and Assistant ‘Treasurer, John M. Uarrere. Arucle 22 of the articles o! association says:— ‘The members ot this association agree to subscribe the Tumber O1 shares set opposite their respective names, ‘and to pay the assessments whenever the calls are made, under the preceding conditions, and they also to forteit, at the discretion of the company, ail fife ‘ausearmenws which may fave been paid, and all Fiapia to their shares, should they not pay the Calls With- ey, days atter be pa be due. New You, Dec. 2 1 ‘Wation- | We Names, Profession. | Niven Re: Wm. B. Garrison, per pro- proc’n 0. K. Gatrison.....|Merchant.!U, States} 8,800 D.B. Allen. Merchant.|U. States} 2.000 ©. K. Garris Merchant.|U: Stares} 2,000 James M. Motle: Merchant.|U. States| "100 i. Ward Treasurer,|U. States} 100 .M. Carrere, per proc'n ‘Onk. Garo... .s.--[Merehant.|0. States] 2,000 ‘The articles of association were caused to be filed by the defendants in the Tribunal of Com- merce, in tne city of Rio Janeiro, prior to the amvntii of June, 1s71. The bili turthor alleges, upan iniormation ana belief of the orarors, that Pe:tier O1 the derendants at the time certAcace: my 4n the company were issued to them paid any money Wietjver on those shares, and that the gmoxnt of shares so issued by the deiendants to themselves was precisely one-half of the whole number of shares specified im the articles of asso- Clation. Carrere, it is asserted, was appointed sole managing director and assistant treasurer, the otner defendants cera the whole man- ment o1 the concern to bi ‘That at the time 2,000 shares of the company were issued to Oarrere he was a bankrupt, unable to ay for the same; tnat the other deiendants knew j and that this was one of the ‘reasons which inducea Varrere to be used a8 @n instrument to create a fictitious value for the shares, to enable all the defendants to sell such shares a8 they had issned to themselves. The orators declare that they subscribed ior shares in good Jaith, and with the belie: that their rights were to be protected in the same way as their associates in New York, Who were represented to have taken and paid for 10,000 shares. De Castro subscribed for aud owns Seecaares Lengruber 1,145, and De Lima Bastos shares, ‘ne bill, which is not voluminous, and of which We can only make a mere abstract, charges mis- management and fraud and iilegality in regard to the manner in which steamers Were | rocured lor the tine, It ts charged on iniormation aud vellet that One of the steamers, tne San Jacinto, be- fongea either to W. R, Garrison, individually, or jointly with D. B. Allen and C, K. Garrison; that deiendants paid out of the money subscribed lor shares 10 Rio Janeiio a large sum by way of Cli ter for ihe use Ol the voasei, Of this an accounting is demanded, 9 also Of Several otner steamers, iD regard to Which it 1s claimea the aetenuants did not keep any account either of their expenses or of their earnin; Various other matters are alleged, all tending to show, according to the tatements of the orators, that the company was ently mismanaged to the detriment of tie Sratora, wio Wind up & voluminous bill of sixty- five closely printed 8 by asking the Court to on, Ine deiendants for an wccounting, and tthe Court may give guch other reuei in the ay deem just and ba re ‘The counsel for the complainants are Messrs, Blatchford, Seward, Griswold sad Da Costa, (\WEW “YORK HERALD, SATURDAY, FEBRUARY 7 1874.—TRIPLE ‘SHEET. BUSINESS IN THE OTHER COURTS. UNITED STATES DISTRICT COURT, Edwin Booth, the Actor—He Files a Pe- tition in Bankruptcy. Edwin Booth, the actor, has Med a petition in the above Court to have himself declared a bank- rupt. In his petition and schedule he states that he 1s indepted to the estate of Oakes Ames, of Massachusetts, deceased, in the sum of $100,000, ‘This debt 1s secured, Among the unsecured cred- itors are Richard E. Robertson, $33,800; Second National Bank of New York, $3,000; Mary Francis Booth (his wife), $3,500; LONE Bank of New York, $2,900; Clark Bell, $10,000; J, M. Magonigie, $201 50; Richard E, Robertson,’ $21,125 13. There is a statement of Habilities “ot bills of dis. count which ought to be paid by the aeceptors,’’ $67,814; “notes to the amount of $38,800, which were notes of RK. E. Robertson, discounted for Mr. Booth by the Merchants’ and Manufacturers’ Bank of this elty;” Second National Bank, $30,000, ac- commodation notes beld by that bank, and which notes were loaned to Mr. Booth by K. E, Robert- son, of Ridgway Plains, and discounted for him. Other debts are stated in the schedule, but those we have mentioned are the principal ones, In tue scheaule of assets Mr. Booth sets forth the value of his jewelry, books, pictures, dumb-bells, chandelier, objects of vertu, stock and proressional wardrobe at about between $8,000 and $10,000. He says he has no household goods or furniture, COURT OF OYER AND TEAMINER, A Drunken Spree and Its Homicidal Results—John Keefe Found Guilty of Manslaughter in the Fourth Degree. Beiore Judge Brady, There was a large attenaance in this Court yes- terday listening to the trial, which occupied all day, of John Keefe, a young man indicted for the killing of Patrick McNamara. pistrict Attorney Phelps appeared for the prosecution and Mr, John O, Mott defended the prisoner, The story o1 the prosecution was that about half- past one o’clock on the morning of the 1th of August, 1871, the prisoner and the deceased had been drinking freely together at a saloon corner o! Forty-lourth street and Third avenue, when McNamara became very much intoxicated and the priginoe Started to take him to hishome. They ad proceeded to the corner of Thirty-sixtn’ street and Eighth avenue, when Mr, Berrill, who is em- ployed in the Post Office, had his attention at- tracted to them. They were then, as he said, quar- relling. He heard one call the other “Patsey,” who addressed the other as “Jack.” The man called Jack struck the other, and tuen, after stoop- ing as if picking up sometiing, struck him avain, Tmuking it was only am ordinary drunken fight Mr, Berrill passed on and thought no more of it. Shortly aiterwards a oliceman found McNamara on the sidewalk in @ ying cond.tion, where Mr, Burill had seen the tercation, McNamara died on the way to the station house, On examination his skull was found to be fractured om the right side. The de- fence was that the pinonst leit the deceased on the corner 01 Forty-third street and Fourth ave- hue; that he had had no quarrel with him that night and never had quarrelied with him, but on the contrary that they had always been good friends, The prisoner deuied that he was called Jack, or that the deceased ever so addressed him. Mr, Mott made as strong a defence ior the Lnepesettd as could be mude ; so strong, indeed, that, in the face of all the evidence against him he se- cured for him a verdict of manslaughter in the fourth degree, the next thing to an acquittal. The prisoner was remanded till Monday for sentence. At the conclusion of the trial, which did not ter- minate till nearly four o'clock, the Court adjourned till Monday morning. SUPREME. COURT—GENERAL TERM. Important Action in Connection With Order of Arrest Cases. The following important order was promulgated yesterday by the Judges of the Supreme Court touching order of arrest cases In cases in which the defendant is in oustod: upon an order of arrest and in cases in which an attachment has been granted and property. seized and the seizure. con: tinued, the attachment nof having been discharged. the defendant of the issue joined, and upon a previous notice of five days, may move at Chambers to have the cause advanced upon the calendar and set down tor t GEOR Doe meuere rakes TT oe GEORGE a AKLES YN ABRAHAM R LAWRENCE. O™ SUPREME COUST—CHAMBERS, Decisions. By Judge Barrett. In_ the Matter, &c., Ketchum; Cameron vs, Heim, &c. ; Hazard vs, Omberson.—Memorandums, gal vs, Fisk.—Report coufirmed except as to costs. Reed vs, Reed.—Report confirmed and divorce granted. a Hames vs, Hempstead.—Report of referee con- irmed. In the Matter, &c., of Opening 110th Street.—Mo- tion granced, SUPERIOR COURT—SPECIAL TERM Decisions, By Judge Sedgwick. Loughran vs. Mullins.—Motion denied, with $10 costs, Romaine.—Decree of divorce Romaine vs. granted. By Judge Curtis. Roberts vs. Jonnson.—Case and exceptions ordered to be filed. By Chief Justice Monell. Phillips vs. Wicks, &c.—Motion to vacate judg- ment denied, with $10 costs, (See opinion.) Same vs. Benjamin.—Motion to amend by adding parties, &c., deuled with $10 costs. (See ojinion.) Harrington et. al. vs, Andrews.—Judgment tor plaintiffs tor tne surrender to them o! the five notes, Other relief denied, Findings must be made to conform to decision. (See opinion.) Whiteworth vs. Erie Railroad Company.—The or- der for discovery heretofore made to stand, no sul- ficient cause against it having been shown. (See opinion.) Roe vs. Roe.—Judgment for plaintif, dissolving the marriage, plaintitr to have custody of cnildren ; findy to be settled on three days’ notice to plaintifl’s attorney. Benner vs. Baldwin.—Motion for new trial on the judge’s minutes denied with costs, The People ex rel., &c., Miller vs. Green, Comp- troller, and Earle, Auditor.—Motion against Earle granted, against Green denied, (See opinion). Eitel vs. Bracken.—Judgment for plaintit; find- ings and conclusions on file. COUAT OF CORMON PLEAS—SPECIAL TERM. Decisions. By Judge Robinson. $ cantare, vs. Schreyer.—Motion for receiver de- nied, with $10 costs, to abide the event. Holyoke vs. Brown,—Motion for change of attor- bo &c., granted. voe vs, Muttes.—Motion denied. By Judge J. F. Daly. Stagg.—Motion ‘granted. (See opinion. "The ‘donsottdatea Fratt Jar Company vs. Mason.—Findings aud decree settled, COURT OF COMMON PLEA:—IRIAL TEAM—PART 2, Suing a City Car Company for Damages for Killing a Wife. Before Judge J. F. Daly. Mrs. Goodman, on the 10th of July, 1871, was crossing East Broadway, when a car of the Dry Dock, East Broadway and Battery Railroad Come pany came along and one of the horses ran against her, knocked her down, trampled upon her and so injured her that she djed trom the injuries, Suit was brought by isaac Gootmun against the com- pany, claiming $6,000 damages on account of ber death, The case has been on trial for iour days. ‘the defence was that the death resulted from her own carelessness; that she ran in front ol the car when under rapid headway, and that the driver put down the brake and did his utmost to prevent running upon her. A novel Jeature was calling for the ered Leopold urin- inger, who was introduced as an expert in the matier of car brakes. He stated that he was a graduate of the Federal Poiytecnnic School of Zurich and that he had made the subject of car brakes a speciality. Inasmuch, however, as he had not examined and tested tue brakes of ‘the car in question his testimony was stricken out. The case, aiter occupying four days, was yesterday given to the jury. Ihe latter, alter being out sev- eral hours, were unabie to agree, and were dis- charged. Thomas F, Wentworth and L. ©. Ashiey for plain- tif and Mr, Scribner ior devendants, MARINE COURT—PART I. A Jury Deciding on the Weight of Evi- dence, Before Judge Shea. Claflin et al vs. Keiler.—On the 15th of February, 1873, an employé of the aefendant’s went at his re- quest to Claf_in & Co.’s and purchased a silk dress for $114 75, and it was on the same day sent by a porter, Charles McVallum, to the defendant's place ot business. The porter swears positively that on entering the store Mr. Keiler signed the receipt, which was produced, and took tue package, no re- ing made for payment, as he (the porter, Tas ‘never permitted to collect bills. Piaiutut’s collector swears that he subsequently called, when deienuant stated he liad paid for it, and, on an- other occasion, that the porter had carried it awa: saying that it was a0. 0. D. package. The defend- ant and bis bookkeeper swear toar when tue por. ter cume the receipt ior the package was sigued and a check immediately drawn, but that thig was refused and cash domanded, whereupon the goods were taken back and never delivered; and as to the testimony o1 the collector, Nagle vs. they say that the statement of payment was.as to another bill, Owing to the strong confict of evi- dence in the case the Uourt granted @ recess at ‘this point to enabie the defendant to procure the cheek book out of which the eneck ich we said was refused was drawn; but deiendant, on again Appearing, said that they had been changing their lace of business, and he could not lay bis hand on it. In charging the jury Judge Shea said that it Was @case in which it was not possible to recon- cile the evidence; that they must either decide the po ter to be @ person unfaitnful to the trust re- posed in him, or the geiendant to be guilty of a transaction which he would not characterize, and urged them to give the case a very careful con- Slueration, Alter an absence of a few minutes the jury rendered a verdict in favour of the plaimtits for the full amount Claimed, COURT OF CENERAL SESSIONS, Alleged Outrage—The Case To Be Con- cluded on Monday. Before Recorder Hackett. The trial of Morris Higgins, who is charged with perpetrating a gross outrage upon Mary O’Brien, on the 24th of January, which was commenced on Thursday afternoon, was resumed at the opening of the Court, and occupied the entire day. The prosecuting witness was then cross-examined by the prisoner’s counsel, District Attorney Rollins examined Captain Petty, to whom the girl com- Plamed, and the three physicians who made an ex- amination of her person at the station house, the House of Detention and Bellevue Hospital, They ail concurred in saying that signs of physical Violence were perceptibie. After the case was opened defendant's counsel called Jacob Philiips, into whose express oitice in Watt street the accused took the girl, and where ehe charged the oflence was perpetrated. Phillips testified to the circumstances of Higgins meeting the complainant in Jersey City and accompanying her to New York; admitted giving the key of the basement to the prisoner, and said that they were only in tue place four minutes, This contradicted the girl, who said the fie had her in the basement ten minutes, hillips denied assaulting her, she having sworn that aicer Higgins bad vio.ated ber he attempted to do the same tuing, but she succeedea in getting out of tue place. When Philips ieit the stand he rae. detained by direction of District Attorney Rollins, Higgins testified in nis own behalf, and while admitting that he spoke to her in Jersey City about her baggage and conducted her to the base- nent, denied tuat he made auy improper advances or a-saulied her in any way. A number vu: witnesses testified as to the good character o/ the accused ior honesty and peaceavie- ness. Mr, Rollins subjected some of tue wit- nesses to a searching cross-examination, and the testimony was all given to the jury at a late hour in the afternoon. The Court adjourned till Monday, when counsel Will sum up the case, Larcenies and Burglaries. Lawrence Dixon, who was charged with stealing @ gold watch and chain, in the night time, worth $75, from the person of John Peacock, pleaded guilty to an attempt to commit the offence. He was sent to the Penitentiary for Ove years. James Connor pleaded guilty to an indictment charging him with cutting Patrick Short upon the lett temple, on the 3d of January. The sentence imposed by the Court was imprisonment in the State Prison tor three years and six months. Wuliam King, who was charged with burglar- iously entering the premises of George Burghard, No. 5 Frankfort street and stealing $40 worth of cigars, pleaded guilty to an attempt todo so. Enoch Davis pleaded bien to grand larceny, in stealing, on the 26th o1 January, two coats and $25 in money from Edward Shields. Wiliam Davis and William H. Brown, who were charged with steaung twenty-five jewel cases, valued at $50, the property of the New York Morocco Company, pleaded guilty to an attempt at grand larceny, ‘These prisoners were each sent to the State Prison for two years and six months, TOMBS PCLCE COURT. How Cox Played Detective. Before Judge Morgan. On Thursday afternoon John E. Williams, of No. 17 St. Mark's place, employed by William Arm- atrong, corner of Fulton and Water streets, to take charge of the financial portion of his business, was called on at his residence by an individual who said his name was Edwards, and who represented himself as a detective. The so-called detective told Mr. Williams that he had been engaged by his employers to “shadow” him, in connection with some deficiencies in bis accounts, but that tue matter could be easily “fixeu” if he (Willams) were Willing. After some conversation Edwaras askea Willlams what it was worth to bum to settle the thing and not to have it made public. Wil- liams believing that the quasi detective was a fraud and was attempdng to blackmail him, said “it was worth about $100.” At this kd- wards laughed, and pooh-phoved the smaliness of the amount, say! it couida’t be done short 0. a cool $250. Finally Edwards agreed to take $200, if Williams would only leave the city for fiiteen days and keep him posted as to his whereabouts. Wil- hams apparently agreed to all this and made an appointment with Edwards for noun yesterday at the corner of Waverley piace and sixth avenue. he promised to give Kawaras the money at the Tendezvous. They met, as per agreement, yester- day, and, after a few moments’ talk, Wiliams handed Edwards 8 package o1 bills, amounting to $50, which he had previously marsed. Edwards thrust the money in his pocket without counting it, and, bidding Mr. Williams adieu, Walked away. He had not goue far When Officer Quackenbush, of the ‘Twenty-sixth precinct, witn whom Williams had made a previous airangement, tap,ed him on tne shoulder and 1n.ormeu him that ne was a prisoner. ‘The markea money was iound on his person. On being brought to the police station he pave his name as Kdward Cox, and said he had been em- joyed asa detective by Hiram Nott. Yesterday in the police court, Mr. Armstrong, who the prisoner said had employed him, denied it in toto, and iurtner said that he had never seen the pris- oner but once veiure, Mr. Armstrong also stated that Cox conld not have been employed by Mr. Hiram sott, as the latter has been out of business for some time. Justice Morgan held Cox for examination. A Sympathetic Dodge. On Thursday afternoon Mr. John A. Beyer, a merchant doing business at Nos. 2 and 8 South street, was called upon by a deaf mute, who handea him the following letter :— % New Yorx, Jan. $1, 1874, Messrs. Guonce H. Berxn & Sox—Allobw me to com- mend to your kind consideration the bearer, Jobn scan- nell, a deat mute, who isoutot work and totally desti- tute By giving htm employment, or if possible by aasist- r ance in obiaininy imboard and "lodging, and by, taking note of the above you wall be benefiting one who, upiven 9 change to work, Ws ota, Zocipient ot, charity: Yours, sully, 3 GALI . ~~ Rector St. Aumn’s church tor deaf mutes. ‘When Mr. Beyer had read the letter he wrote on @ piece of paper which he handed to the mute, “You are @ iraud.”’ The lattéremphatically de- nied the assertion, in writing or course, and re- juested Mr. Beyer to accompany Him to the resi- ence of Dr. Gallaudet, who would prove the tratu of nis stateme: ‘This Mr. Beyer reius do, and, calling an oiticer, he had Scannell ar ‘ord was then sent to the reverend gentieman, request- ing him to be present in court on we foil’ An day. When the case was calied yesterday mo! ing, and on the letter veing shown to the Doctor, . he at once pronowaced it a torgery and said tha! Scannell was an impostor. The Doctor iurther said that his name had been simuarly used on different occasions and parties had been swindled by it out of considerable sums of money. He trusted that Scannell would be punished, Justice Morgan heid the prisoner in deiault of $1,000 to answer. A charge of Highway Robbery. On New Year’s Eve Patrick Boyle, residing at ‘No, 487 Greenwich street, went to visit irtends in the Seventh ward. As he was returning home, late at night, through Market street, ne was beset by @ gang of rufhans, on the corner of Water street, who knocked him down and deliberately stripped him ot his overcoat, In the pocket of tie oat was @ portemonnale containing $10 and @ pocket knife. ‘yhe matter was placed im the hands o! tue police, and on Thursuay alternoon Officer Pike arrested Frank Norman, a well-known east side character, on suspicion of being one of the rovbers. In nis possession were jound a knife and @ portemonnaie which were identified by Boyle as his property. Justice Mogan held Norman to answer a charge of highway robbery. BROOKLYN COURTS. Se COURT OF OYER AND. TERMINER, Tragedy in a Tenement House—Trial of Peter Swenson for the Killing of Charles Neilson, Before Judge Pratt. Peter Swenson, a Swedish sailor, was trica yesterday on a charge of having murdered Charles Neilson, also a saiior, in the tenement house No, 68 Columbia street, on the 14th ult, The de- tails of the tragedy have been published in the HERALD. The prompt arraignment and trial of the prisoner created considerable com- ment, in view of the fact that there are several other capital cases which have been pending for Months and in which great popular inte.est has been manuested. ‘Tue trial of Swenson created but comrera rey little interest. He is a large, rough looking maa, whose appearance created rather an untavorable impression upon those who were present during the triai and had occasion to notice him, He was deienved by Mr. Reymert. District Attorney Brit- ton upjeured ior the ; copie. ‘The circumstances of the tragedy showed that the prisoner, deceased and others had been drink- ing aud playing carus togetuer, When a dispute frose between Swenson and Charles Nefigon. They proposed a Meht, and left the room with the un- derstanding that they should meet in the yard, Swen-on secretly procured a knife, and suvse- in the nail. quently, oe tue deceased way, engaged in a _ struggle with num, during which Neilson was stabbed. Swen- son’s movements afterwards are explail by the evidence o, Jacob Larsen, who flea :— On the night of the 14th uit. the prisoner came to my house and knocked; I was in bed} ‘1 rose, opened the window, and looked out; some one told me to come down and let him in; 1 went down; he sui tuere was somebody going to Kul hit, and begged me to let him in; fie said that some one in Peterson's house wanted to rob bim; he washed oimsell in my roum; he walked to the looking glass and cut off his whiskers; he took Rome Cards Out Ol his pocket and pul tiem in the stove; he said he was not sure whether he had killed a man in Peterson's; he said it was Charles Neilson; he bad blood on his shirt sleeves; he got @ shirt, & Cap and a coat of mine; I did not get the Sturt he lett; it was not a white slurt; I could uot swear the flannel shirt produced was the one Swenson Wore; my wife gave Sweuson the clothes; he borrowed ten cents and le/t; 1 did uot see ‘Swenson again aiter that. Swenson wus arrested by officer Edward Walker, who took fim to the Butler street police station. Captain Ferry thus described what trani mt there :—I sald, “This ts a bad spec.’” He said, 1 suppose | may as well teil yo I sald, “Ho did the quarrel originate?’ He pointed to the Petersons und said, “ihuse men, | and Neilson were playing cards together; we and When We came back we quar one 01 the Petersons used a shameful expression to Mrs, Peterson ; Netison said that | was a damned lar; then we had a fight; Newson challenged me; 1 went into my room and got the knue; the fgit was in the hal.way,’? Swenson, in huis testimony, admitted that he had agreed to fight tue deceased, but claimed that When he was going through the hailway Neilson struck him in the tace, Charles Peterson seized bim and # third party took ali tae money trom ins pockets. Me then “used his knife” while he was on mis Knees. All the parties were under the influ- ence o1 hquor. A number of witnesses were examined who tes- tifled to the prisoner's previous good character, and shortly after four o'clock the jury retired to deiiberace, They returned at haifpast six o’ciock with a verdict O/ guilty of mansiaughter in the second degree, The prisoner was thereupon sen tenced to the State Prison for life. He was re- Mvved trom the Court to the Raymond Street Jail. SUPREME COURT—SPECIAL TERM, ALBANY, Feb. 6, 1874, Ata Special Term of the Supreme Court, betore Justice Learned, this morning, the remittitur from the Court of Appeals on a decision in favor of the plaintiff in the case of The People ex rel, Ed- ward W. Williams, appellants, vs. Gilson A. Day- ton, as Auditor of the Canal Department, respon- dent, tor the recovery of the sum of $10,422 44, due on contract for work periormed on the Erie Canal, at Rochester, was received, and, on motion oi Mr. R. W. Peckham, was made the judgment of the Supreme Court, A writ of peremptory mandamus was also granted by Judge Learned in accordance with the remittitur directed to the Auditor and requir- ing hin forthwith to execute his warrant for the above amount, payable to Edward W. Williams, CCURT OF APPEALS CALENDAR. ALBANY, Feb. 6, 1874, The Court of Appeals day calendar for February 9—Nos, 14, 17, 93, 755, 91, 69, 100, 104, OUR NAVY. Shall We Have a Fieet of Worthless Vessels? To THE EprTor OF THE HERALD:— Ihave read with much interest all of your com- ments on the navy of this country, and see what interest you have manifested toward the all-im- portant question, which should interest every American citizen who respects our American flag and wishes to have it respected on every sea. We must have anavy. Without a first class navy we will never be respected eitner at home or abroad, Our navy Now consists of 178 vessels of all classes, including 28 tugs, and they carry 1,378 guns. Two- thirds of all these are now on foreign stations, and are required there; many of them are quite worn out and require a large amount of repairs, which will cost as much, if not more, than it would to build a firgt class ship to take their places, and be much better fitted for the ser- vice than the ships built ten or fifteen years ago. It would be cheaper now for the government*to throw away qu'te all the old engines and put in the new compound style. They occupy much less space and consume much less coal, which isa large and important item for a man-of-war ona station where she cannot procure coal unless sent from the United States. It is throwing away money for the government to make appropriations to repair these ships. Iknow in many cases the government has spent more money to repair an old ship than a new one would cost, all because Congress would not appropriate to build a new ship, Itis the most costly way our navy can be kept up to repair these old ships. They should be condemped and soid for what they would bring, and ships built suited to the style of naval architecture and engineering of this age. Congress, with all its eyes on the money bags, appropriates yearly from $15,000,000 to $17,000,000 to support the navy. A great part of that amount is spent In repairing old vessels, I have been in Washington a great part of the time for several sessions of Congress, and it is almost impossible to get a member to vote a dollar to build a new ship. When the ten new sloops’ bill ‘was up list winter it was thought by the friends of the bill it would not pass, but after the efforts of some of its supporters the bill was cut down to eight sloops. These eight sloops are limited to 8,000 tons and no more. Now see what asloop would be of 1,000 tons. They will be when com- pleted small gunboats, which we require; but there are not enough. The navy nee early more than the production or the allowance yy Congress. We Want, and must have, to bea nation and respected abroad, building, now and at once, ten sloops-ol-war, from fifieen to 2,600 tons, built of wood, and of the most modern style of architecture and engineering. Besides this we Want six first class iron-ciad vessels, built on the most aporoved style, that will equal any knghsh, French or Spanish fron-clad afloat. We have now on hand, stored, all completed, tur- retsand armor iron enough to complete these vessels, and the government should make the ay propriations to construct vessels of the Monad- nock class—wooden hulls, two turrets, !ron-clads— matters not what they cost; the money does not go out of the country, it all comes in the hands of our mechanics and laborers and helps the poor. Uniess the government makes some additional appropriations to keep the navy up, our navy will be, like our American commerce, owned by for- eign Powers. We will be blotted out of both navy ana commerce. OUR IRON-CLAD FLEBT. We have in all fisty-one iron-clad veseels, built Garing the war on the Ericsson (and Error) plan, oi the monitor class. A large number of those vessels are worthless, and are rotten and not worth repairing. They were experiments during the war; many of them would not float when they were built, and I assure you they are not much im- proved for eight years. ‘e have some of the Pas- saic and river and harbor class that will do good service when they get their new decks in, but they are wortniess as they mow are. By the earne: id faithfui zeal of Secretary Rove- son, Who Nas condusted the navy since he was in office, he has mai through nis foresightedness to repair four of these vessels out of appropria- tions ior the navy. Were it not for him we would not have had an iron-clad vessel that we could have sent outside o: the Delaware Breakwater. He foresaw this threatened war for two years. Congress would not a) propriate $1 to repair one of them; would rather see our navy a disgrace to the country and nut spend $1, only keep tt in motion, Iam satisfied if Congress will make suit- able SU ErOpTiasions we will now have a navy that will be an honor to us at home. Out of the filty- one iron-clads—1z7 guns—there is not more than aiteen ot them of any use, even if they were reps . OUR NAVY COMPARED WITH THAT OF SPAIN. The Spanish navy has many of the best iron. clads that could be buiit in Europe. Quite all of them broadside sloops, and their speed is rior to our Old, dilapidated iron-clad vessels. If war should come, those vessels, going fourteen Knots, will we any of our forts in the harbor and burn and destroy our cities and we can't help ourselves. It would be impossible to stop them with the factuties now at hand. You may assured that New York Harbor must bo ry iP with old schooners loaded with baliast to stop them. Those Spanish tron-claa shipsare of the largest class and well manned, and their armor is ot the most approved kind, and will pierce apy vessel we have aud do more damage than any one coula imagine, 1871 vs. 1861. We are not in the condition we were in 1861. Many of the first class establighiments have gone out of existence; five of tne largest in New York have been sold out, all on account of our commerce; they could not find work for them, the commerce having been carried on with English ships entirely, and they getting all their ships butt aoroad, which caused the destruction of our ship yards and machine sh pt and @ great iy in New England, Pennsylvania and Maryland are closed up, and if the navy now keeps in this dilapidated state in a tew years we will not have but two or three estub- Hahments where can be built engines or ships. I am confident that the work can be done much cheaper in private yards thao it can be in the navy. To build a new Snip in the navy costs mucn more than to bufld one outside; but our navy yards tm times of peace should) be kept the same asa fort in our basber is kept in times ol war. In peace thoy should be preserved and the outside establishments should do the work, and by this you will have machine shops and ship yards im time of war; without this we may tind ourselves some day without means to protect ourselves, I am confident, if Congress will appropriate money for our Davy, We Will get as good ships as ever floated any ocean, a8 we have the best skied ojicers at the heads of all the departments, both in the yards and at Washington. They are well qnalified to construct both iron and wooden ves- s8els of the first class, Ihave examined one now building at the Brooklyn Yard, and will say that she wiil be, when compieted, the best ship in the American navy. Iam, NATHANIEL MOKAY, New York, Nov. 20, 1873, FLASHES FROM THE PRESS. ——_+——. Foxes are plenty among the hills of Long Island. Thirty foxes were shot in Camden county, N. J., last month. Wild cats are plenty in the Catskill Mountatus this winter. A mortgage for $1,000,000 was recorded in Schuyl- Kill county, Pa., last week, Thirty-five foxes have been killed at East Fal- mouth, Mass,, this winter. A chapter of colored Freemasons was instituted in Hartiord, Conn., last week. The “God in the constitution” folks are to meet in Pittsburgh on the 14th inst. ‘The printers in Indianapolis, Ind., are still on @ strike, and the papers of that city have a forlorn look. An old-fashioned deer hunt will take place at Lower Blue Lick Springs, Ky., on the 7th day of February. In Dauphin county, Pa., six miles from the Schuylkill voundary, filty-four deer have been shot this season. More than 100 deer were killed in St. Clair town- ship, Westmoreland county, Pa., durmg the month ot December, The Amoskeag Veterans of Manchester, N. H., hold their twentleth anniversary on Monday even- ing, Fevruary 23, A reduction naving been made tn the wages of the puddiers in Trenton, N. J., rolling mull, tuey have all ceased work, Between 800 and 900 women are employed by government at Jeffersonville, Ind., in the manu- facture of army clothing. A Bradford county, Pa., Justice of the peace has been tined $60 for marrying a couple aged fifteen and seventeen respectively, The New York, New Haven and Hartford Rail- road Company have decided no longer to pass the families of the employés over the road. Six black foxes have been caught in Oumberland county, N.S. this fall. These animals are very rare, and their skins are very valuable, A bill is before the Ohio Legislature, which, if passed,,will prohibit hunters irom shooting any kind of wild game upon any other man’s land, Steps are being taken by some Little Falls (N. Y.) citizens to provide tor stocking the Mohawk with fish, and to prevent the use of seines in the river, Massachusetts has finished the Hoosac tunnel, and the State authorities are in quandary what to oo ee it. They cannot keep it and dare not sell it, Another $1,200 silver brick went to San Fran- cisco trom Georgetown, Colorado, the other day, ae on tm three weeks.. What becomes of the sliver An enterprising typo has fitted un an ofice on runners, and is visiting various towns in Minne- Sota, doing job printing “wiih neatness and di- spaten.’? There are over $80,000 in the New Haven (Conn.) Town Treasury, the receipts ior liquor licenses, oy the question now is, What shall be done with it? About 150 workmen in the steam engineering department were discharged trom the Kittery (Me.) Navy Yard Saturday—mostly New Hamp. shire men, Six persons were baptized near Mansfield, Ohio» on Sunday last, in “the creek.’”’ The ice had to be cut to admit of the operation and the weather was very cold, A relic in the shape of an old book, formerly be- longing to General George Washington and con- taining his autograph, 18 the property of Mrs, Or- cutt, of Kalamazoo, ‘The thermometer 1n the southern part of Florida at this season of the year ranges between 70 and 76. In Main: between zero and thirty degrees be- low. Great country. Los Angeles county, Cal, owes for gopher and squirrel scalps the sum Of $10,364, and yet the varmints are as thick as ever; 206,287 have been captured and seaiped, Thomas George, of Syracuse, has been mulcted in damages to the amount of $150 for setting his dog upon a girl named Kasnan. It ought to have been $1,000 at least. A negro woman, aged eighty-four years, died in Sumter county, Alabama, last week. Her funeral was attended by 127 of her descendents—represent- ing four generations. A carrier pigeon arrived in Bridgeport, Conn., re- cently, Which was sent up from the deck of a steamer bound for Florida. It was seven hours making the flight from Cape Hatteras, At a meeting of the Wesleyan University Boat Club, held in Middietown, Conn., on Thursday evening last, the sentiment was strongly m favor of Saratoga as the place for the next regatta, The negro exodus from Alabama and Georgia continues, The Montgomery Advertiser learns that 16,000 tickets for negro emigrants have been taken up on the roads leading southward and westward from that city, Father Arida, Superior of the Order of Jesutts in Mexico, is in Texas, endeavoring to find sultabie sites lor the location of tree colleges, and to make arrangements for transierring the Order from Mexico to Texas, A resident of Indiana county, Pa., has been specu- lating in the reduced fare tickets issued by the Penn- sylvania Railroad Company. After purchaging 100 tickets he was disgusted to filud that they “were good for two days only.” There are three railroads on Long Island, having an aggregate of 226 miles of track. The Long Island has 158 mlies; the Svuthslde, 67, and the Flushing and Northside, 11. Besides these the Canarsie road has about five miles and the Long Island about eight. A very fine ice-boat race took place on the river at Hudson on Thursday morning. ‘The Peerless was challenged by the Sappho, and the challenge accepted, Aiter a very exciting race the Peerless won. She is considered, so iar this winter, the Jastest boat on tne Hudson. Farmers in Western New York who nave been holding their hay for higher prices &re dumb- founded at the figures receding trom $20 a ton in December to $12 at present. The open weather, sale 01 stock and economy of fodder have worked the miracle, While two boys named John Young and Thomas Riley were out hunting near Pinckneyville, Perry county, Ill, they agreed to shoot at each otuer. Advancing to within twenty-flve steps Young shot Riley, @ load of sixty squirrel shot entering his breast. Both were under the influence of liquor. The Albany Journal warns lovers of buckwheat cakes that there is an injurious syrup in the market called Golden Drip, made from common sturch, sulphuric acid, &c. Its impure character can be detected by pouring @ small quantity into a little strong tea, which immediately turns black as ink. The first printing press used in New Jersey was pee up at Woor neg Miadlesex county, by james Parker, in 1751, The legisiative itis was done there, aud the North american ine and a history of New ea: were published there, The office was burned to the ground by English sympathizers during the revolution, A woman named Brink, while boarding at a house in Port Jervis, N. Y., gave birth to a child. When she came to leave the house she could not pay, her doard, and the child was kept as security. e mother went to get her bahny several times but was not allowed to have it until she patd her board. She finally state. the case to OMcer Bur- top, who went and demanded the vhild. Aiter some angry discussion the boarding house somity stripped the child of all its clothing and told the officer to take it. He wrapped the Ls dg prop. erty inashawl and delivered it to the rejoicing mother. A REMEDY FOR CONDUCTORS “KNOCKING Down.” To THE EDITOR OF THE HBRALD:— The letter which you print to-day from an ex- conductor ts an ominous commentary on the morals of America, I suppose tuere is no exaggeration in the statement that almost every department of business, both private and public oMcial, is more or less honeycombed with dishonesty. Suppose that every one—every clerk, every oficial, every employer—should frankly acknowledge in the daily press the usnal ways in which he “es” and “steals” (for those are the words) in the ordinary course of his trade or of his oMcial duties, what a mirror of the times it would be! Can America afiord to go on in this manner? Will you allow me to suggest how the ocean of iniquity in which we are sinking can be diminished at least by @ spoonful ? hy, look at tnis case. Here is a conuuctor who, without @ olush, states how much he stole every naiftrip of his car. To stop this peculation why cannot the directors of our street railways ‘iarm out” their cars? Could bat not decide how mucn revenue eacn car ongnt to bring in to them, and then let conductors hand in bids stating the amount which each will agree to return tu the company at tue clone every week, the conduc- have all over ¢ um which his car wik tur- paying h iriver out of his own earn- ings, the driver to of course, such & man as the directors may wutnorize to handle the ribvons on thelr route t ANGLICAN, : iH JOURNALISTIC NOTES. T. C. De Leon, the manager.of the Mobile Thea. tre, was formeriy a journalist. George M. Dallas Bloss has retired from tne editership of the Cincinnati Enquirer. Colonel G. R. Sweet has again become one of the proprietors of the Sam Antonio (*exas) Herald, Dr. R. N, Anderson, agricultural editor of the Hannibal (Mo.) Courter, died in Hannibal on the Adtn inst. The Cuba (N. Y.) Herald has been purchased by James A. McKibbon, and will be democratic in its politics, H. R. Farnum, formerly of the Wisconsin State Journal, has purchased a half interest in the Fond du Lac Reporter, A new democratic paper is to be started im Dover, N. H., the Democrat of that city having been Tead out of the party, Rev. 1. 8. Kalioch, ot Kansas, has given up poll- tics tn disgust and gone back to the pulpit, but he wiil stick to journalism, dames Evans, formerly 9 correspondent of the Chicago Times, died at Anna, Union county, Ub, on Saturday, January 11, E. M. Kline, after a long service as one of the pro- prietors of the Lancaster (Pa,) kzaminer, has sold out his interest and retired, The proprietor of the Philadelphia Zeager has been elected Vice President of the Society for the Prevention of Cruelty to Animals, The Chicago Post and Chicago Evening Mat! have united under the name of the Post and Mail, with tne Maal men in the principal positions, The St. Louis Democrat ta trying, through the the force of an injunction, to stop the St. Louis Glode from taking the Associated Press news, T. B. Kingsbury is no longer associate editor of the Raleigh (N. ©.) Sentinel. He proposes to start @ weekly paper in Henderson or a n>w daily in Raleigh. A. M, Thompson has retired from the editorship of the Milwaukee Sentinel, giving as a reason that he cannot support the re-election of Matthew H. Carpenter to the United States Senate. W. F. Storey, of the Chicago Times, is about to make his third nomination—that is to say, he will take to himselfa third wife. It must be under- stood, however, that the first two are dead. The Wilmington (N. C.) Star received @ propost- tion trom the proprietor of a restaurant to adver- tise to the amount of $8 and take it out in hotel accommodations, to which the editor replied that he advertises tor cash, not hash, A Washington correspondent of the Cincinnatt Commercial charges that at the last reception at the White House press reporters who were present as reporters were shoved into an anteroom with the lackeys and vaiets of the foreign Ministers, where they were only allowed an opportunity of admiring the gorgeous livery of the down stairs aristocracy, This is the third time that this has been done, and it has excited so much indignation that the evening administration organ, the Star, printed a strong protest against it. The blame seems to be with General Babcock. Very few newspaper men, save those connectea with the city press, have taken the trouble to visit the White House in the past year or two for the pur- pose of writing accounts of oficial ceremonies, as the treatment they receive 1s intolerable, The Cleveland Leader, in @ three-column auto. biography of its 30 years’ existence, rejoices that it has graduaced such distinguished lights in jour- nalism and arms as John C. Vaughan, of the Leavenworth Zimes; Mayor Medill, of the Chicago Tribune; General A. L. Campbell, Governor of Wyoming; Alired Cowles, business man of the Cul- cago Tribune ; ex-Congressman French, of North Carolina, and now Sergeant-at-Arms of the Sen- ate; General J. R. Sherwood, member of Congress from Toledo; Samuel D. Page, a Wall street banker; William N. Hudson, editor of the Detroit Tribune > Whitelaw Reid, of the New York Tribune; Mr. God- dard, chief edivor of the Boston Advertiser ; Major Wilham Medill, killed at Gettysburg; Captain W. W. Hutchinson, killed at Resacca, in command of the One Hundred and Third Ohio Infantry, and George Alfred Townsend, G. M. D. Bloss, who recently retired from the editorship of the Cincinnati Enquirer, was over twenty-one years a political writer on that paper MORE INDIGNANT VIRTUE. Another Ex.Conductor’s Statement How He Pockcted a Stated Sum Daily tor Himself and His Driver—Hardships of Ratiroad Life. To THE EpiTor OF THE HERALD:— My attention was called to-day to an article pub- lished in your valuable paper of the 2d inst., under the nead of ‘Indignant Virtue,” by an ex-Eighth Avenue conductor, for the publishing of which you richly merit and receive the gratitude of very many who, through the force of circumstances and mistortune, are compelled to seek that slaves luke and thankless position, in order to support themselves and families, Had I not been very busy at the time you published the article of which the conductor complains I would certainly have addressed you pertaining thereto, and am now constrained to do so in defence of an overworked and greatly abused class. My short experience as @ street car conductor has fully convinced me that there are very many gentlemen, In the fullest sense of the word, acting in that capacity, who, through financial embarrassment or misfortune, have accepted it, not of choice, but necessity. I know of several parties who are in that po: sition now who have honorably flied important omMces in society, Pee who have been worth from $50,000 to My own experience was quite similar to that of the ex-conductor beiore referred to. Alter being out of employment more than tour months, duniag which time I answered hundreds of advertise- ments, personally and by letter, and more thaw once offered to work at anything for whatever the parties could afford to pay, 1 at last succeeded in procuring @ position some two months since on the Eighth Avenue Kailroad as conductor. I very goon found that in order to run a good book, or, in other words, to make fair returns, the driver and the conductor had got to work together, If the conductor does not the driver he will almost invariably pass carelessly by many (Ramen. gers whom he wonld otherwise walt lor. 1e COn- ductor would aiso ve liavie to miss collecting Bany fares during the day ot ngers who enter the front end of the car when it is crowded, ahob- served by the conductor; while if the driver is paid he will Keep watch and iniorm him of their en- trance. Upon realizing these facts 1 commenced Pohpany pay ‘thelr drivers: $4.29 per dey. while ‘compan; e iT day, ther. pay helt conductors. bur $2. Thinking [ earned $2 50 myself | made @ practice o! taking about seventy-five cents @ y, twenty-five of which I gave to my driver, making our pay equal. Lworked tor the company about tour weeks and was discharged for shorts, they said; and I will solemnly swear that this is @ true statement and & full average of what I took, Ii I did not earo this you may judge for yourself when I state that I commenced my day’s work before six o'clock A. M., and did not get done until after eleven o'clock at night. Very few know how much intolerant abuse and censure is heaped upon conductors of street cars, and times while faitnfully per- accordance with the Tules of the companies. Their hours are such they are obliged to sacrifice ali social home comforts, are most of their meals away from fone, are ex posed to all kinds of weather, —4 not only serve from fourteen to eihreen hou day, inf also in most cases seven days in the Ke "esterday, the 3d inst., | had occasion to step into the room occupied by the employés ot the Broadway and Seventh Avenue Railroad Company. In one end of the room was large snowdrift. Most of the Lf al ane | dean pik ot r, in some place: aningy wile the Poor, much-abused conductors ‘drivers were huddied around @ miserable Sroken apology for a stove, which Was al = it old, trying to warm themselves there! Exe teow cats Ute Kuowed to them between ‘This 1s only a fair statement of the abuser upon our street car conductors by the hon le moneyed corporations of our city who have the im- pudence in their reports to accuse their em ry ol — one-thi t jgdge et COE we think they must judge of othe.s’ morals their own. AN EX-CONDUUTOR. New York, Feb, 4, 1874, DELAY IN THE SURROGATE'S OFFICE. To THE Eprror oF THE HERALD:— Can you inform me why we are so delayed im getting accounts from the Surrogate’s oficet I am one of the heirs to an estate, the administrator of which filed his papers at the Surrogate’s office some weeks since to be copied, and has repeatediy called for them, and has received the same ewer, over and over again, “not ready.” Weare exceedingly anxious to nat through the set:le- ment, and [a ce been tried be: n= ry and. but none “iow eonrisee cuaplarep ce Ww CO} Whitue pons aad read the paper eG, BROOKLYN, Feb. 6, 1814,